The National Crime Agency v Atkinson & Anor

The National Crime Agency v Atkinson & Anor

The court found, on the balance of probabilities, that Mr Atkinson was involved in drug dealing, money laundering, and mortgage fraud, and that all properties, including the matrimonial home, were obtained through unlawful conduct and are recoverable property. Mrs Atkinson failed to demonstrate the statutory exception under s.266 POCA applied, as she did not obtain the property in good faith and took no steps causing detriment.

Parties
Claimant: The National Crime Agency; Defendant: Philip Atkinson; Defendant: Karen Atkinson
Jurisdiction
England and Wales
Judgment Date
08 May 2015
Procedural Posture
Civil Recovery / Final Judgment
Outcome
Civil Recovery Order granted as sought by the NCA.
Legal Topics
Proceeds of Crime, Money Laundering, Drug Dealing, Mortgage Fraud, Statutory Exception Under POCA
Criminal Law Civil Recovery Proceeds of Crime Money Laundering Drug Dealing Mortgage Fraud Statutory Exception Under POCA

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Parties

The National Crime Agency

Claimant

Philip Atkinson

Defendant

Karen Atkinson

Defendant

Procedural Posture

Civil Recovery / Final Judgment

Legal Issues

  1. 1 Whether the properties, bank accounts, and assets are recoverable property under s.243(1) of POCA
  2. 2 Whether Mrs Atkinson can rely on the statutory exception under s.266 POCA to exclude the matrimonial home from the Civil Recovery Order

Ratio Decidendi

The court found, on the balance of probabilities, that Mr Atkinson was involved in drug dealing, money laundering, and mortgage fraud, and that all properties, including the matrimonial home, were obtained through unlawful conduct and are recoverable property. Mrs Atkinson failed to demonstrate the statutory exception under s.266 POCA applied, as she did not obtain the property in good faith and took no steps causing detriment.

Court Disposition

Civil Recovery Order granted as sought by the NCA.

Orders

  • All properties, bank accounts, and assets specified are subject to the Civil Recovery Order.
  • Provision included in the order to allow payment of Mr Vollenweider's fees from frozen accounts.